Understanding Pirtle Warnings in Indiana: Critical Protection for Those in Police Custody
If you've been arrested in Evansville, Rockport, Tell City, Boonville, or anywhere else in Indiana, you may hear officers mention a "Pirtle warning" before asking to search your property. This critical legal protection is unique to Indiana law and could significantly impact your criminal case.
What Is a Pirtle Warning?
A Pirtle warning is a requirement under Indiana law that mandates police officers inform individuals in custody of their right to consult with an attorney before consenting to a search. Established by the Indiana Supreme Court in the landmark case Pirtle v. State (263 Ind. 16), this warning extends beyond the familiar Miranda rights that protect against self-incrimination.
The Pirtle warning is similar to Miranda warnings but applies specifically to searches rather than questioning. It represents Indiana's commitment to providing broader constitutional protections than those available under federal law.
When Is a Pirtle Warning Required?
A Pirtle warning must be given when two specific conditions are met:
The individual is in police custody
Officers are requesting consent to search the person's home or vehicle
The custody determination is crucial—Indiana courts have clarified that a person is considered "in custody" if a reasonable person in the same situation would believe they were under arrest or not free to leave.
What Makes Pirtle Different from Federal Rights
The right to counsel under the Indiana Constitution attaches upon arrest, rather than only after formal proceedings have begun (as under federal law). This provides Hoosiers with significantly stronger protections against unreasonable searches while in custody.
What Searches Require Pirtle Warnings?
Pirtle warnings specifically apply to searches that constitute "weighty intrusions" into privacy:
Home searches
Vehicle searches
They do not apply to minimally intrusive searches such as:
Pat-downs
Field sobriety tests
DNA cheek swabs
What Happens When a Pirtle Warning Isn't Given?
The consequences of failing to provide a Pirtle warning when required are significant and can dramatically alter the outcome of a criminal case.
Evidence Becomes Inadmissible
If law enforcement obtains consent for a search from someone in custody without first advising them of their right to consult with an attorney, any evidence discovered during that search becomes inadmissible in court. This is true even if the evidence would have been crucial to the prosecution's case.
In recent cases like McCoy v. State (193 N.E.3d 387), the Indiana Supreme Court has reaffirmed this principle by granting new trials to defendants who were in custody and had not received proper Pirtle warnings before consenting to searches.
The Consent Is Invalid
When a Pirtle warning is not provided to an individual in custody, any consent given for a search is considered invalid under Indiana law. Courts have emphasized that the Pirtle advisement must be explicitly waived to establish valid consent.
Even if the person readily agreed to the search, without a proper Pirtle warning and explicit waiver, that consent holds no legal weight in Indiana courts.
Case Dismissal Becomes Possible
In situations where the evidence obtained from an improper search forms the cornerstone of the prosecution's case, the inadmissibility of that evidence can lead to case dismissal. This makes understanding Pirtle warnings essential for anyone facing criminal charges in Indiana.
Why Pirtle Warnings Matter
The Pirtle warning requirement reflects Indiana's strong commitment to protecting the right to counsel and ensuring that individuals make informed decisions about consenting to searches. Unlike many other states, Indiana recognizes that people in custody face inherent pressures that may impair their ability to make voluntary decisions about searches.
By requiring explicit advisement about the right to consult with an attorney before consenting to a search, Indiana law acknowledges that:
Individuals in custody are in a vulnerable position
The decision to allow a search of one's home or vehicle is significant
Legal counsel may be necessary to make an informed decision about such searches
Protecting Your Rights in Evansville and Southern Indiana
If you've been arrested and believe that evidence was obtained without proper Pirtle warnings, it's essential to consult with an experienced criminal defense attorney who understands Indiana's specific constitutional protections.
With 23 years of FBI experience, our criminal defense practice brings unique insight into search and seizure issues, including Pirtle warnings. We understand how law enforcement operates and can identify when your rights may have been violated during a search.
Contact Us for Help
If you're facing criminal charges in Evansville, Rockport, Tell City, or Boonville where search evidence is involved, contact us at (812) 301-6221 for a consultation. We offer financing and credit card payment options and are available by phone, email, text, or online chat.
Remember: The failure to receive proper Pirtle warnings could be the difference between conviction and acquittal in your case.
This blog post is for informational purposes only and does not constitute legal advice. Every case is unique, and outcomes depend on specific circumstances. Contact our office to discuss your particular situation.
